No sanction may permanently erase your legal personality.
Arts. 38–39 · absolute prohibitions
Torture, the death penalty and civil death
Candeia does not exercise police powers, physical custody or territorial criminal authority. Some constitutional lines admit no calculation of convenience. The proposed Constitution prohibits the death penalty, execution, civil death and torture in all circumstances, including war, emergency, investigation, technical crisis or an asserted need for State continuity.
Proposed Constitution · reference text · not promulgatedIn brief
A right is not an abstract promise: it constrains concrete decisions.
“Civil death” includes an attempt to irreversibly erase someone's legal existence as punishment — especially relevant in a digital Republic. Torture includes physical suffering as well as coercive sensory manipulation, abusive perceptual deprivation and technological stimulation intended to cause suffering.
There is no emergency exception
Superior orders, national security, operational necessity or investigation do not justify torture. Art. 69 places these prohibitions within the non-derogable core, preventing an emergency from being used to suspend them.
The prohibition extends to evidence obtained through torture
A statement proven to have been obtained through torture may not be used against a person. Where there is a specific and plausible allegation, the authority must determine admissibility through an effective procedure before using the statement in a decisive way.
What this means for you
Practical consequences
No interrogation may use simulated pain, technologically induced suffering or abusive perceptual deprivation.
The unlawful origin of a statement matters to its use as evidence.
Limits and institutional honesty
What this safeguard does not authorise
The absolute prohibition does not prevent the investigation and punishment of crimes by lawful means.
The prohibition of civil death does not mean that specific accounts, permissions or credentials can never be suspended; it means that a sanction cannot eliminate the person from the legal order.
Continue reading